Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (i) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (ii) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 589 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (ia) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (iib) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 74 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement (HCBF Holding Company, Inc.)
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII Indemnitee shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigative, the Receiver shall have no obligation hereunder to indemnify such Person Indemnitee for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (ia) the Person such Indemnitee is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (iib) such action, suit or proceeding is terminated without the imposition of liability on such PersonIndemnitee.
Appears in 14 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement, Purchase and Assumption Agreement
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that if any Person being indemnified under this Article XII shall become Indemnitee is or becomes involved in any criminal action, suit suit, or proceeding, whether judicial, administrative administrative, or investigative, the Receiver shall have no obligation hereunder is not required to indemnify such Person that Indemnitee for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (ia) the Person Indemnitee is successful on the merits or otherwise in the defense against any such the action, suit suit, or proceeding, or (iib) such the action, suit suit, or proceeding is terminated without the imposition of liability on such Personthe Indemnitee.
Appears in 4 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement (Fulton Financial Corp), Purchase and Assumption Agreement (First Citizens Bancshares Inc /De/)
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit suit, or proceeding, whether judicial, administrative administrative, or investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (i) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (ii) such action, suit suit, or proceeding is terminated without the imposition of liability on such Person.
Appears in 2 contracts
Samples: Purchase and Assumption Agreement, Purchase and Assumption Agreement
Criminal Claims. Notwithstanding any provision of this Article XII X to the contrary, in the event that any Person being indemnified under this Article XII X shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (i) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (ii) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 2 contracts
Samples: Paying Agent Agreement, Paying Agent Agreement
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigativeInvestigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (i) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (ii) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Community Bankers Trust Corp)
Criminal Claims. Notwithstanding any provision of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or P & A 991022 36 Reliance Bank, White Plains, NY investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (i) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (ii) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 1 contract
Samples: Purchase and Assumption Agreement (Usb Holding Co Inc)
Criminal Claims. Notwithstanding any provision prov1s10n of this Article XII to the contrary, in the event that any Person being indemnified under this Article XII shall become involved in any criminal action, suit or proceeding, whether judicial, administrative or investigative, the Receiver shall have no obligation hereunder to indemnify such Person for liability with respect to any criminal act or to the extent any costs or expenses are attributable to the defense against the allegation of any criminal act, unless (ia) the Person is successful on the merits or otherwise in the defense against any such action, suit or proceeding, or (iib) such action, suit or proceeding is terminated without the imposition of liability on such Person.
Appears in 1 contract
Samples: Purchase and Assumption Agreement